California Supreme Court Deals Major Blow to Money Bail, Declares Pretrial Detention Based on Wealth Unconstitutional

In a unanimous and seismic decision, the California Supreme Court has reshaped the state’s bail system by ruling that pretrial release is the default constitutional right for most accused people. The court struck down the practice of setting bail so high that it effectively keeps poor defendants behind bars, reaffirming that money should never determine freedom.

The ruling arose from the case of Gerald Kowalczyk, a disabled and unhoused man arrested for a nonviolent, small-dollar crime after attempting to use a found credit card to buy a cheeseburger. Despite his limited means, Kowalczyk was slapped with a $75,000 bail — an amount he could not afford — and denied release. The court’s decision now makes clear that such wealth-based detention is unconstitutional under California’s state constitution.

Justice Joshua Groban, in a concurring opinion, condemned the status quo as a system that deprives people of liberty solely because of their poverty, without trial or conviction. “Today’s opinion marks the end of that practice in our state,” he wrote.

This ruling goes beyond prior decisions like the 2021 Humphrey case, which also challenged money bail but failed to significantly reduce pretrial jail populations or shorten detention times. Kowalczyk’s case pushes the debate further by emphasizing that the state must justify any pretrial detention itself — not just the amount of bail.

Prosecutors, while pledging to comply, expressed concerns about how courts will implement the ruling in practice, especially regarding what counts as “reasonably attainable” bail and what evidence is needed to deny release. They worry about defendants who miss court dates or violate protective orders, but the court’s message is clear: freedom before trial is the norm, detention the exception.

This decision aligns with a broader national shift away from wealth-based detention toward questioning the very authority of the state to lock people up pretrial. States like Illinois have already abolished cash bail, moving toward systems that require prosecutors to prove flight risk or public safety concerns before denying release.

California’s ruling is a critical step toward dismantling an unjust system that punishes poverty and perpetuates mass incarceration. For those fighting for pretrial justice and democratic accountability, it signals a new era where liberty cannot be bought — it is a right.